What are the characteristics of a fiduciary relationship and how have the fiduciaries of a beneficiary ever acted on their behalf?

Ontario, Canada


The following excerpt is from Martin v. Goldfarb, 1997 CanLII 12430 (ON SC):

They thereby acquired total control over his assets and monies and purportedly acted on his behalf. Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 (S.C.C.) at p. 136 set out the characteristics that usually are present in a fiduciary relationship as follows: Relationships in which a fiduciary obligation have been imposed seem to possess three general characteristics: (1) The fiduciary has scope for the exercise of some discretion or power. (2) The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests. (3) The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.

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